By Ayodele Oni
Processes and activities for the 2023 general elections end on Thursday with the Supreme Court laying to rest issues over the poll.
The general election commenced with the Presidential/national assembly poll and governorship/house of assembly.
Results of the election were announced by the Independent National Electoral Commission (INEC) which declared winners for all the contested positions.
For the presidential, Bola Tinubu, candidate of the All Progressives Congress (APC) was declared winner over Atiku Abubakar of the People’s Democratic (Party) and Peter Obi of the Labour Party (LP).
Dissatisfied with the outcome, PDP and LP candidates approached the Election Petition Court to challenge the outcome.
The court, in its judgement last month, affirmed victory of Tinubu after dismissing the petitions of Atiku and Obi.
In the course of pursuing justice, Atiku had sought for academic records of President Tinubu from Chicago University to support his claim that Tinubu forged the credentials he presented to INEC for the poll.
Armed with his findings, Atiku approached the Supreme Court, urging it to accept his fresh findings from Chicago University. The case was heard last Monday.
Delivering judgement on Thursday on the appeal filed by Atiku, Supreme Court ruled that it could not admit fresh evidence to determine the appeal.
The Supreme Court in a judgement delivered by Justice Inyang Okoro, rejected the motion on notice, stressing that fresh evidence could not be entertained and that the evidence was belated.
“An election tribunal shall determine its judgment within 180 days of filing of petition and therefore the court of appeal lost jurisdiction after 180 days
“The Supreme Court cannot activate its Section 22 of the Supreme Court Act after 180 days has lapsed at the lower court. I still wonder how the appellants intend to use the evidence in this appeal.
“The application to file fresh evidence runs foul of the provisions of the Electoral Act that prohibits the amendment of election petition of 21 days of the election petition.
“The Supreme court found as ridiculous the submission of Atiku Counsel that the 180-day rule does not apply to court of appeal sitting on the presidential election petition.
“The provision of the Constitution has spoken. There cannot be an addendum. Appeals are continuation of hearing on matters of the lower court.”
With the Supreme Court verdict, the winner and losers will now return to the drawing board, preparatory to next election in 2027.
